Cleveland City Council Debates Whether To Keep Employee Appeal Process

  • Monday, October 26, 2015
Cleveland Police Chief Mark Gibson, left, is shown with police chaplains
Cleveland Police Chief Mark Gibson, left, is shown with police chaplains

The Cleveland City Council on Monday debated whether to keep an appeals process in place for city employees who are fired.

A recent court opinion said the city manager cannot continue to oversee department heads and also hear employee appeals.

Councilman Bill Estes said, "I think we get out of the business of hearings and let the courts do it."

However, Councilman David May said city employees would like to have an option of a fair hearing before deciding whether to file suit in Chancery Court.

Councilman Richard Banks said the vast majority of the city's 500 to 600 employees abide by the rules, but he said there are a few who need to be terminated.

He said the city may have excellent department heads now, but he said there will come a time when an employee is unfairly fired and deserves a fair hearing from an independent hearing officer.

Mayor Tom Rowland questioned whether an administrative hearing officer may be used, such as those hired by East Ridge, Collegedale and Red Bank for codes enforcement cases.

The council asked former TBI Director Larry Wallace to help tie up loose ends on a revised personnel policy.

The employee appeals issue would need to be changed through a charter amendment. Mayor Rowland is reconvening five members who drafted the current charter in 1993. The first session will be Nov. 4. Councilman Avery Johnson was on that panel and four others are still around to serve. One has died and another has moved away. Mr. Wallace will also be on the panel as well as another new member.

The charter changes need to be ready for consideration by the state Legislature at the first of the year.

The council was told that TDOT has come up with a much simpler, much less expensive fix for a safety problem along Ocoee Street and Eighth Street in the vicinity of two monuments. There have been a number of wrecks at the site.

The earlier $244,000 plan called for a reductions of lanes in both directions on Ocoee Street.

The council and community balked at that plan, and Monday a "scaled-down" proposal was outlined.

The left lane on Ocoee would be left turn only.

At Eighth there would be a feature added preventing traffic from going straight through. It was decided it first would consist of a green painted section with reflectors. It may later be a raised concrete section.

Vice Mayor George Poe said that was exactly the solution he had advised four years ago.

The city plans to purchase two tracts on Keith Street that long have been used for parking for the nearby greenway.

Mayor Rowland said the tracts are appraised at $64,700 and $233,900. He said owner David Gilbert has agreed to sell both to the city for $200,000. The city is expected to take several years to pay off the amount.

Council members said Mr. Gilbert has allowed residents use of the lots for parking for free for some 15 years, and they are used at all hours.

Lavoy Jones, who officials said is Cleveland's most decorated veteran, will be honored on Nov. 11.

Without any public comment, the council approved rezoning 12.22 acres at 2020 Bates Pike to R3 Multi-Family Residential.

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